28 U.S.C. § 1916 — Seamen’s suits

Page 485 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 1919 peal, if such printing is required by the appellate court, be paid by the United States, and the same shall be paid when authorized by the Director of the Adminis- trative Office of the United States Courts’’. 1959—Subsec. (a). Pub. L. 86–320 substituted ‘‘person’’ for ‘‘citizen’’. 1951—Subsec. (b). Act Oct. 31, 1951, struck out ‘‘fur- nishing a stenographic transcript and’’ after ‘‘expense of’’. Subsec. (e). Act Oct. 31, 1951, inserted provision that the United States shall not be liable for any of the costs incurred. 1949—Subsec. (b). Act May 24, 1949, § 98(a), inserted ‘‘such printing is’’ between ‘‘if’’ and ‘‘required’’. Subsec. (e). Act May 24, 1949, § 98(b), inserted ‘‘or printed record’’ after ‘‘stenographic transcript’’. Statutory Notes and Related Subsidiaries CHANGE OF NAME ‘‘United States magistrate judge’’ substituted for ‘‘United States magistrate’’ in subsec. (c) pursuant to section 321 of Pub. L. 101–650, set out as a note under section 631 of this title. § 1915A. Screening (a) SCREENING.—The court shall review, before docketing, if feasible or, in any event, as soon as practicable after docketing, a complaint in a civil action in which a prisoner seeks redress from a governmental entity or officer or em- ployee of a governmental entity. (b) GROUNDS FOR DISMISSAL.—On review, the court shall identify cognizable claims or dismiss the complaint, or any portion of the complaint, if the complaint— (1) is frivolous, malicious, or fails to state a claim upon which relief may be granted; or (2) seeks monetary relief from a defendant who is immune from such relief. (c) DEFINITION.—As used in this section, the term ‘‘prisoner’’ means any person incarcerated or detained in any facility who is accused of, convicted of, sentenced for, or adjudicated delin- quent for, violations of criminal law or the terms and conditions of parole, probation, pre- trial release, or diversionary program. (Added Pub. L. 104–134, title I, § 101[(a)] [title VIII, § 805(a)], Apr. 26, 1996, 110 Stat. 1321, 1321–75; renumbered title I, Pub. L. 104–140, § 1(a), May 2, 1996, 110 Stat. 1327.) § 1916. Seamen’s suits In all courts of the United States, seamen may institute and prosecute suits and appeals in their own names and for their own benefit for wages or salvage or the enforcement of laws en- acted for their health or safety without pre- paying fees or costs or furnishing security there- for. (June 25, 1948, ch. 646, 62 Stat. 955.) HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., § 837 (June 12, 1917, ch. 27, § 1, 40 Stat. 157; July 1, 1918, ch. 113, § 1, 40 Stat. 683). Changes in phraseology were made. § 1917. District courts; fee on filing notice of or petition for appeal Upon the filing of any separate or joint notice of appeal or application for appeal or upon the receipt of any order allowing, or notice of the al- lowance of, an appeal or of a writ of certiorari $5 shall be paid to the clerk of the district court, by the appellant or petitioner. (June 25, 1948, ch. 646, 62 Stat. 955.) HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., § 552 (Feb. 11, 1925, ch. 204, § 5, 43 Stat. 857; Jan. 31, 1928, ch. 14, § 1, 45 Stat. 54; Sept. 27, 1944, ch. 414, § 3, 58 Stat. 744). Words ‘‘to the clerk of the district court’’ were added to clarify the intent of Congress, as shown by the title of the 1944 act containing this section, and by the text of such Act in its entirety. Words ‘‘as an additional fee in said suit or action, or proceeding in bankruptcy’’ were omitted. The entire text of the basic 1944 act shows that Congress intended it to apply to all actions, suits and proceedings, includ- ing bankruptcy proceedings, and nowhere else in such act is any reference made to bankruptcy proceedings. Changes were made in phraseology. § 1918. District courts; fines, forfeitures and criminal proceedings (a) Costs shall be included in any judgment, order, or decree rendered against any person for the violation of an Act of Congress in which a civil fine or forfeiture of property is provided for. (b) Whenever any conviction for any offense not capital is obtained in a district court, the court may order that the defendant pay the costs of prosecution. (June 25, 1948, ch. 646, 62 Stat. 955.) HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., § 822 (R.S. § 974). Changes were made in phraseology. § 1919. Dismissal for lack of jurisdiction Whenever any action or suit is dismissed in any district court, the Court of International Trade, or the Court of Federal Claims for want of jurisdiction, such court may order the pay- ment of just costs. (June 25, 1948, ch. 646, 62 Stat. 955; Pub. L. 96–417, title V, § 510, Oct. 10, 1980, 94 Stat. 1743; Pub. L. 102–572, title IX, § 908(a), (b)(1), Oct. 29, 1992, 106 Stat. 4519.) HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., § 80 (Mar. 3, 1911, ch. 231, § 37, 36 Stat. 1098). Words ‘‘dismissed for want of jurisdiction’’ were sub- stituted for ‘‘it shall appear to the satisfaction of the said district court, at any time after such suit has been brought or removed thereto, that such suit does not really and substantially involve a dispute or con- troversy properly within the jurisdiction of said dis- trict court’’. The substituted language is sufficient. (See reviser’s note under section 1359 of this title.) The provisions of section 80 of title 28, U.S.C., 1940 ed., re- lating to dismissal for improper or collusive joinder in removal proceedings, are incorporated in section 1359 of this title. Other provisions of section 80 of title 28, U.S.C., 1940 ed., appear in section 1447 of this title. Changes were made in phraseology. Editorial Notes AMENDMENTS 1992—Pub. L. 102–572 substituted ‘‘Dismissal’’ for ‘‘District courts; dismissal’’ in section catchline and in- serted reference to Court of Federal Claims in text.